Here we discuss how to go from TN visa to green card through employment. This article examines the different options available to TN visa holders to transition to permanent residents (green card holders) in the US through employment.
Are you a TN visa holder in the US looking for a way to secure permanent residency? This article explores the different employment-based green card options available to TN visa holders and the steps involved in making the transition.
What is a TN visa?
TN visa is a work visa available only to citizens of Canada and Mexico. The visa is available only to NAFTA professions and is granted in 3-year increments. Unlike the H-1B visa, there is no cap limiting the number of TN visas given each year.
Although there is no limit on how many times you can renew a TN visa, obtaining a green card makes life easier.
Why choose a green card over a TN visa?
Green card through employment options for TN visa holders
Several employment-based green card categories can be suitable for TN visa holders, depending on your qualifications and profession. Below we examine the most popular options for green card through employment (permanent residency) for TN visa holders.
1. EB-1C Multinational Manager/Executive
This is an employment-based green card for certain multinational managers and executives. It allows multinational companies with offices in the United States to transfer executives and managers from the foreign office to the US office.
To qualify for EB-1C you must have been employed abroad for at least 1 year in the past 3 years as a manager or executive by a foreign company related to the petitioning US company. The US company must have also been actively doing business for at least one year and must have the ability to pay the offered wage.
2. EB-1B Outstanding Professors and Researchers
Since professors, researchers and other medical and scientific professions can qualify for TN visa, many can find the EB-1B green card category useful.
The EB-1B category is for outstanding researchers or professors. It requires that you possess international recognition in your field, significant advancements in your specialty, and documented outstanding achievements.
You must have at least 3 years experience in teaching or research in that academic area. To qualify, you must also enter the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer.
You must have an offer of employment from a prospective U.S. employer. The private employer must show documented accomplishments and that it employs at least 3 full-time researchers. PERM Labor Certification is not required.
3. EB-2 NIW (National Interest Waiver)
The EB-2 NIW green card category is for professionals with advanced degrees (Masters, PhD) or its equivalent (Bachelor plus five years progressive professional experience) or for individuals with exceptional ability in their field of expertise.
Given that many TN visa professions require an advanced degree the EB-2 NIW is definitely worth the look. Unlike the standard EB-2 process which requires a PERM labor certification, the NIW waives this requirement if you can convince U.S. Citizenship and Immigration Services (USCIS) that your work is in the “national interest” and waiving the requirement is beneficial for the United States.
4. EB-2/EB-3 PERM
These are the most widely used green card through employment programs in the US.
The EB-2 category is available for professionals with advanced degrees (Masters, PhD) or its equivalent (Bachelor plus five years progressive professional experience).
The EB-3 is available for applicants with at least bachelor’s or five years progressive professional experience. The EB-3 also has two sub-categories:
- Skilled labor. This requires at least 2 years of job experience, education, or training
- Unskilled labor. This is for unskilled workers to perform unskilled labor, requiring less than 2 years training or experience
The difference between the different sub-categories is in the number of available green cards. The unskilled EB-3 is allocated only 10,000 visas per year.
Another important point is that EB-2 and EB-3 both require a labor certification also known as PERM. This is part of the process of applying for employment-based green card and requires the employer to test the U.S. labor market and to demonstrate to the US Department of Labor (DOL) that the sponsored foreign worker is not impacting U.S. workers and the U.S. labor market in a negative way by filling positions that could otherwise be filled by qualified U.S. workers.
Malescu Law can assist
Transitioning from a TN visa to a green card through employment opens doors to permanent residency and its associated benefits in the US. By understanding the available employment-based green card options and consulting with an immigration lawyer, you can chart a clear path towards securing your future in the United States.
The green card process is complex and requires substantial documentation. Consulting with an experienced immigration attorney can help you navigate the complexities and overall process.
Our experienced business immigration lawyers in Miami, Florida can assist with your immigration case. Contact us to find out more about the green card through employment options available to TN visa holders.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
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